United States v. Aguilera
2010 U.S. App. LEXIS 23626
| 8th Cir. | 2010Background
- Aguilera was convicted of conspiracy to distribute 50+ grams methamphetamine and possession with intent to distribute 50+ grams, in a jury trial.
- A controlled purchase of methamphetamine was arranged with Mata-Gutierrez; Aguilera allegedly assisted distribution.
- A blue GMC Yukon was used; drugs were found in the Yukon after a stop for license plate violation.
- Mata-Gutierrez testified Aguilera aided distribution; he testified the Yukon contained methamphetamine.
- A motion to suppress the Yukon search and a Rule 33 motion for a new trial were denied; Aguilera received a 120-month sentence.
- Aguilera sought safety-valve relief (18 U.S.C. § 3553(f)) which the district court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Yukon search was valid under the automobile exception. | Government: probable cause supported by investigation; Gant not controlling. | Aguilera: search not valid under Gant; lack of probable cause. | Probable cause supported; search permissible under automobile exception. |
| Whether the verdict was against the weight of the evidence; new trial warranted. | Mata-Gutierrez testimony sufficient and corroborated. | Testimony not wholly credible; alternate explanations exist. | No miscarriage of justice; no basis for new trial. |
| Whether safety-valve relief was properly denied. | Reynoso favors broader relief; district court misapplied standard. | Must fully and truthfully provide information; not satisfied here. | No clear error; Aguilera did not fully meet safety-valve burden. |
Key Cases Cited
- Katz v. United States, 389 F.2d 347 (N.D. 1967) ( Fourth Amendment searches require exceptions)
- United States v. Cortez-Palomino, 438 F.3d 910 (8th Cir. 2006) (Probable cause for automobile exception)
- United States v. Gillette, 245 F.3d 1032 (8th Cir. 2001) (Imputation of officer knowledge among cooperating officers)
- United States v. McGlothen, 556 F.3d 698 (8th Cir. 2009) (Review of suppression findings; clear-error standard)
- United States v. Soto, 448 F.3d 993 (8th Cir. 2006) (Safety-valve burden and truthfulness considerations)